Here we go… again:
The video begins with the cops standing on the man’s front lawn looking in through the window having responded to a report of a noise disturbance called in by neighbors. Despite the fact that the couple are obviously not at loggerheads and no harm is coming to anybody, the police announce that they are going to break into the house without a warrant.
“Why are you guys not coming out?,” asks one of the officers, bemused at the fact that someone wouldn’t follow orders.
“Because we don’t live in a police state, sir. Martial law has not been established in this country,” responds the homeowner.
The officer then orders the couple to get down on the ground and put their hands behind their backs, adding, “We’re gonna kick in the door.”
The cops kick down the door and enter the home with guns drawn as the homeowner exclaims, “You have no right to be in here!”
Despite the fact that the woman clearly has her hands in the air, a cop tazes her as she screams out in pain. The man is then also tazed.
The video clip has caused shockwaves across the Internet and has already gone viral along with an outpouring of support for the family.
However, others have expressed support for the police, claiming that the cops couldn’t see the children at the home and therefore didn’t know that they weren’t in danger. Under this scenario, the 4th amendment and probable cause are non-existent and the police can just break into your house and attack you in the name of “protecting the children” at any time.
“The police are allowed to kick in your door when they request you come outside to talk and you refuse and they were called to the residence because of domestic abuse,” wrote one respondent.
In reality, under Florida v. J.L. (March 28, 2000), “the U.S. Supreme Court affirmed that anonymous tips are not sufficient grounds to constitute probable cause for a search. Judge Ginsburg, writing for the Supreme Court, stated, “Such an exception would enable any person seeking to harass another to set in motion an intrusive, embarrassing police search of the targeted person simply by placing an anonymous call.…”
You already know the cops did something like this to me last year. 4th ammendment be damned!
Well sadly under most state laws, the police does have the right to peek through your windows, and does have the right to force entry if and when they see someone is in the residence, they had a call to the residence and it’s possible someone is in danger. 4th amendment does not protect you from cops kicking in your door, it only protects from cops searching for contraband without a search. Also most police departments allow tazers to be deployed after any failure to obey a lawful order, which they did by not opening the door. I don’t think it’s proper, however under current laws the cops most likely did nothing illegal. While I appreciate most cops and have no problem with them, what took place is wrong in my opinion and shouldn’t took place, just shows laws are there to protect the cops sometime and not anyone else.
“the police does have the right to peek through your windows”
“failure to obey a lawful order, which they did by not opening the door”
bikerlbf406 wrote, “While I appreciate most cops and have no problem with them”
Fuck off, boot licker.
“it’s possible someone is in danger.” <- Yeah, from the cops!
The man had plenty of time to fetch a battle rifle.
I’m not sure what I’d do in the situation–but for one, I’d be calling my lawyer and telling them I’m doing it.
If they threatened to bash my door in…I’m not sure what I’d do. But I won’t post it either.
If a gang of thugs breaks into my house I will be able to fight them off… I’m a gun owner.
That’s just good family fun!